Paul D. Wilber
City Solicitor
115 Broad Street
Salisbury, Maryland 21801
ORDINANCE NO. 1907
An ORDINANCE of the City Council of the City of Salisbury to repeal and re-enact in its entirety Chapter 8.04 (Alarms) of the Salisbury Municipal Code.
WHEREAS the City Council has determined that it is in the best interest of citizens of Salisbury to amend Chapter 8.04 (Alarms) of the City Code in order to address the growing problem of numerous false alarms which are costing the City thousands of dollars every year.
NOW, THEREFORE, be it enacted and ordained by the Council of the City of Salisbury in regular session that Chapter 8.04 of the Salisbury City Code is hereby amended by repealing it in its entirety and enacting in lieu thereof the following:
Chapter 8.04
ALARMS
Sections:
8.04.010 Purpose and Definitions.
8.04.020 License Required.
8.04.030 Application for License—Fees
8.04.040 Alarm companies to provide list of users to police.
8.04.050 False Alarms—Violations and Penalties.
8.04.060 Weather-related activation of alarms.
8.04.070 Holdup alarms.
8.04.080 Panic alarms prohibited.
8.04.090 Audible alarm systems.
8.04.100 Auto dialer.
8.04.120 Operating Without License—Penalties
8.04.010 Purpose and Definitions.
The purpose of this chapter is to provide standards and regulations applicable to alarms such as burglar (or intrusion), holdup (or robbery) alarms, etc., alarm companies, alarm agents and alarm users as defined in this chapter. It is the intent of this chapter to provide for registration of alarm companies, to control false alarms, to ensure proper use of alarms, to place a time limit on audible alarms and to provide penalties for violations of this chapter. (Prior code § 38-1)
For the purpose of this chapter, the following words shall have the meanings ascribed to them:
“Alarm” means activation of any alarm system that indicates that a criminal activity is taking place. The alarm may be an audible alarm at the place of the criminal activity or it may be transmitted to a monitor station by electronic means.
“Alarm agent” means any person employed by an alarm company whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to or causing others to respond to an alarm device.
“Alarm company” means any person who engages in the business of altering, installing, leasing, maintain, repairing, selling at retail, servicing or responding to a burglar or holdup alarm system but does not include telephone answering services which receive alarm activation signals and relay information to the police department but do not function in any other manner as a security alarm system.
“Alarm system” means any assembly of equipment, mechanical or electrical, arranged to signal an alarm indicating an unauthorized entry to other criminal activity requiring attention and to which the police are expected to respond. Alarm system includes devices activated automatically, such as burglary alarms and devices activated manually, such as holdup alarms.
“Alarm user” means any business or building to which an alarm system is attached.
“Audible alarm system” means an alarm system which utilizes an audible device such as a siren, bell, horn, etc., as a warning device when the alarm is activated.
“Automatic dialing device” means an alarm system which automatically sends over a regular telephone line, by direct connection or otherwise, a prerecorded voice message indicating the existence of the emergency situation that the alarm system is designed to detect.
“Central monitoring station” means a control center, including but not limited to a telephone answering service which provides for the receiving, on a continuous basis through trained employees, emergency signals from alarm systems and thereafter immediately relaying the message by live voice to the communication center of the police department of the city of Salisbury.
“City” means the city of Salisbury, Maryland.
“False alarm” means any alarm caused by means other than criminal activity, including but not limited to the activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or of his employees or agents; any alarm that is cause by means other than criminal activity.
“Holdup alarm system” means an alarm system signaling a robbery or attempted robbery.
“Panic alarm” means an alarm system described or advertised for the purpose of being normally or otherwise activated by a person to summon police for any reason other than robbery or robbery attempts.
“Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
“Police chief” means the chief of the police department of Salisbury, Maryland, or his designated representative.
“Police department” means Salisbury Police Department. (Prior code § 38-2)
8.04.020 License—Required.
A. It is unlawful for any person or alarm company doing or intending to do business within the City limits of the City of Salisbury without first having obtained a license from the Finance Department.
B. The application for an alarm company license shall be signed by the individual proprietor of the business or by a partner or by the proper corporate official as is appropriate for the form of business seeking to register for a license.
C. The police department shall establish standards which an alarm company must meet to obtain an alarm company license. The police department shall refuse a license to any alarm company that fails to meet its alarm company standards.
D. The police department shall, within 30 days after receipt of the application, either approve or deny the issuance of a license. In the case of approval, the police department finance department shall notify the applicant in writing of the approval and shall issue a license on a form established by the police department finance department. In the case of denial, the police department shall notify the applicant in writing of the denial and of the basis for the denial. The notice of denial shall inform the applicant that he may appeal the denial and set forth a procedure for appeal. A procedure for appeal shall be established by the police department.
8.04.030 Application for license—Fees.
Applications shall be made on forms furnished by the Finance Department. The applicant shall pay a one time registration fee of $50.00 and may renew their registration, at no cost, prior to expiration each calendar year. All companies currently doing business in the City will have to re-register and update information before July 1, 2004. This fee will defray costs associated with the processing and review of the registration forms.
8.04.040 Alarm companies to provide list of users to police.
A. All license alarm companies shall provide the police department with the following:
1. A complete list of names and addresses of all persons to whom alarm systems have been sold, leased, rented or otherwise given use of;
2. The alarm system’s location;
3. All other information requested on a form provide by the police department.
B. It shall be the responsibility of the alarm company to keep this list current, and the police department will not respond to a central monitoring station call for police service to locations not on the list. (Prior code §38-4)
8.04.050 False Alarms—Violations and Penalties.
A. If, within a calendar year, the police department responds to more than two false alarms at the same location, the following response fees will be charged to the alarm user property owner.
FALSE ALARM
OCCURRENCE (within 12 Month Period a calendar year) FEE
1st. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0.00
2nd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0.00
3rd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00
4th. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 100.00
5th. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 150.00
6th. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 200.00
7th. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 250.00
8th. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 300.00
9th. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 400.00
10th. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500.00
11th. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600.00
12th. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 700.00
13th. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 800.00
14th and above. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1000.00
Failure to pay said fines within 30 90 days of notification of the violation will result in a lien on the property until fines are satisfied.
B. Newly installed alarm systems will be given a 30-day grace period to allow for correction of equipment and user errors. During the 30-day period, the alarm user will be allowed unlimited false alarms, as long as steps are being taken to correct any problems. The alarm company installing the new system shall notify the police department in writing of the new installation, including the effective date.
C. The Director of Finance will maintain accurate records of false alarms and will bill for payment thereof by mailing said bill to the property owner of the subject location.
D. If the false alarm bill remains unpaid for more than 30 90 days, the Director of Finance shall commence with the placing of a lien against the subject property by forwarding to the last known address of the owner as recorded in the real estate assessment records of the City of Salisbury by registered or certified mail, with return receipt, a notice of lien, and such receipt shall constitute prima facie evidence of service upon such owner if it is signed either by the owner or by a person of suitable age and discretion located at such address. In the event that delivery of said notice of lien is refused by the property owner or his agent, then valid service may be accomplished by hand-delivery of same to either the property owner or a person of suitable age and discretion employed or residing at the subject location.
8.04.060 Weather-related activation of alarms.
A. Due to the activation of many alarms during severe weather, the on-duty commander of the police department shall have the option of assigning alarms a low priority during this time. If time permits, the building may be visually checked by an officer. If, because of other calls or because of an excessive amount of alarms, the police department is unable to respond to the alarm location, the central station will be notified of the problem, and it will be the alarm company’s responsibility to have someone check the building or to notify a representative of the business of the situation. Once this notification is made, the police department is relieved of any responsibility to respond to that alarm.
8.04.070 Holdup alarms.
It is unlawful for any alarm user to activate any alarm system known as a “holdup alarm” to summon police for anything other than a holdup in progress. Use of alarm systems for crimes such as thefts, disorderly or intoxicated subjects is prohibited and shall be charged as a false alarm. (Prior code § 38-8)
8.04.080 Panic alarms prohibited.
No system known as a “panic alarm” will be permitted within the limits of the City of Salisbury. (Prior code § 38-9)
8.04.090 Audible alarm systems.
It is unlawful for any person, firm or business to install or maintain any audible alarm system which does not automatically discontinue emitting an audible sound within fifteen (15) minutes. The use of an audible alarm by itself is prohibited. The alarm must have the capability of notifying someone of an alarm activation by means other than emitting an audible sound. This shall not apply to fire alarms, elevator emergency alarms or alarms which indicate a medical emergency. (Prior code § 38-10)
8.04.100 Auto dialer.
It is unlawful for any person to have any device attached in any way to a telephone or telephone-type equipment which, when activated by remote control, dials a preprogrammed number and transmits a prerecorded message communicating a then-existing emergency condition, including but not limited to fire, illness or a criminal offense, which uses the telephone number of the police department. The police chief is authorized to grant exceptions for handicapped persons. (Prior code § 38-11)
8.04.120 Operating without a license—Penalties.
A. An alarm company may not do business, including but not limited to installing, altering, leasing, monitoring, maintaining, repairing, replacing or servicing an alarm system, within the City of Salisbury, without an alarm company license. A violation of this subsection shall be a misdemeanor, subject to imprisonment of up to 30 days, or a fine not to exceed Five Hundred Dollars ($500.00), or both.
Any alarm company doing business in the city in violation of Section 8.04.030 or 8.40.040 shall be guilty of a misdemeanor and subject to a fine not to exceed Five Hundred Dollars ($500.00) and imprisonment not to exceed 30 days, or both.
B. Any alarm company doing business in the city of Salisbury on the effective date of this chapter shall apply for a license within 30 days of the effective date of this chapter and may continue doing business while its license application is being processed, and any alarm company not previously doing business in the limits of the city on the effective date of this chapter shall not commence doing business until the application is approved. (Prior code § 38-3)
C. Any violation of this chapter which does not specifically provide for a penalty shall be a misdemeanor and subject to a fine of not more than One Hundred Dollars ($100.00). (Prior code § 38-6)
AND BE IT FURTHER ENACTED AND ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND, that the changes set forth in this Ordinance shall take effect upon final passage.
THIS ORDINANCE was introduced and read at a meeting of the Council of the City of Salisbury held on the _______ day of ___________ 2004, and having been published as required by law, in the meantime, was finally passed by the Council on the __________ day of __________________ 2004.
___________________________ ______________________________
Brenda J. Colegrove Michael P. Dunn
City Clerk President of the City Council
of the City of Salisbury
Approved by me this __________
day of __________________2004.
___________________________
Barrie P. Tilghman
Mayor of the City of Salisbury